CASE SUMMARY Special Use Permit Planning Commission December 4, 2013

SU-2-1213 Kathryn H. Thurston, 910-341-3249, kathryn.thurston@wilmingtonnc.gov Staff recommendation APPROVAL Planning Commission recommendation Public Hearing scheduled 12-4-13 City Council Action PENDING Request Address(es) 601 and 603 Red Cross Street Tax Parcel # R04813-026-007-000 Acreage Approximately 0.107 of an acre Zoning HD-MU, Historic District-Mixed Use Request Request for restaurant and a convenience food store Property Owner Beit Mersem of Wilmington, LLC/Musa A. Agil, Registered Agent

4305 Tollington Drive, Wilmington, NC 28412 Agent & Applicant

Adam Anas Eldin (910) 545-5055 P.O. Box 12233 Jacksonville, NC 28546 (anastaj@hotmail.com)

Current land use and zoning Aerial photograph (2012)

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Land Planning Data Applicable Plans/Policies

• City of Wilmington Adopted Focus Area- Diverse and Thriving Economy

CAMA Land Use Urban Surrounding Area North South East West Zoning R-3 HD-MU HD-MU HD-MU Current Land Use Residential-

Single-family Right-of-way, commercial - auto repair

Vacant lot Right-of-way, Religious Institution

Case Overview PROPOSAL and ANALYSIS

• The property is zoned HD-MU, Historic District-Mixed Use. • A one-story, two-unit masonry building containing approximately 2,800 square feet is

located on the property. • The western-most unit, 601 Red Cross Street, comprises approximately eighty percent

(80%) of the total building square footage and is occupied by an existing grandfathered nonconforming convenience food store that has been in operation since at least 1976.

• The easternmost unit of the building, 603 Red Cross Street, comprises approximately twenty percent (20%) of the total building square footage and was previously used for personal services (beauty salon) but is currently vacant.

• The applicant proposes to continue the use of the convenience food store at 601 Red Cross Street and change the use of 603 Red Cross Street to a fast-food carry-out restaurant.

• Convenience food stores and restaurants are permitted in the HD-MU subject to the issuance of a Special Use Permit.

• The parcel is located within a National Register Historic District, an area recognized as historically significant in 1974 by the State Historic Preservation Office and the National Park Service, Secretary of the Interior.

• The existing principal building was constructed in 1960 and is not a contributing structure in the National Register of Historic Places.

1. Zoning history

• The HD-MU is a separate use zoning district established to protect and conserve the heritage of the City, county, and state; to safeguard the character and heritage of the City by preserving the district as a whole and individual property therein that embodies the important elements of its social, economic, political, or architectural history; to promote the conservation of such district for the education, pleasure and cultural enrichment of residents of the district and the city, county, and state as a whole; to support a mixture of uses on a neighborhood scale; and to stabilize and enhance the property values throughout the Historic District, thus contributing to the improvement of the general health and welfare of the City of Wilmington and the residents of the Historic District.

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• The HD-MU in particular also provides the opportunity for a compatible mix of urban uses including residential to occupy existing and infill buildings, as well as provides the design guidance for renovation and new construction to ensure design compatibility. The intent is to allow early existing business districts located outside of the Central Business District to flourish by continuing the urban development pattern.

• Prior to the creation of the HD-MU district, the property was zoned Office and Institutional.

• Convenience food stores and restaurants were permitted by right in O&I. • The property was rezoned HD-MU on September 5, 2000; under this zoning

classification, convenience food stores and restaurants became subject to the issuance of a special use permit.

2. Special Use Requirements

• Restaurants and convenience food stores are allowed in the HD-MU, Historic District-Mixed Use subject to the issuance of a special use permit. In granting a special use permit, all four of the following factors must be found to exist:

a. That the use will not materially endanger the public health or safety if located where

proposed and developed according to the plan as submitted and approved by the issuance of the special use permit;

b. That the use meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or

that the use is a public necessity; and d. That the location and character of the use if developed according to the plan as

submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the City’s Future Land Use Plan, the CAMA plan, and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan).

3. Impacts on Public services, Facilities, and Infrastructure

3.1 Traffic

• Red Cross Street is designated on the Greater Wilmington Urban Area Thoroughfare Plan as a local road.

• Sixth Street is designated on the Greater Wilmington Urban Area Thoroughfare Plan as a minor collector street.

• There is vehicular access to the subject property from Sixth Street via an existing curb cut.

3.2 Parking Requirements • Off-street parking is not required for restaurant or convenience food store uses in

the HD-MU, pursuant to Section 18-526 of the LDC. • No off-street parking is shown on the site plan for the subject property. • No evidence has been presented that off-street parking to serve the proposed

use is provided either on or off the subject property. • There are no marked on-street parking spaces in front of the subject property.

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3.3 Public Utilities • The site is served by existing water and sewer services.

3.4 Fire and Safety

• The site would be served by existing fire hydrants on Red Cross Street.

3.5 Stormwater • The project is not subject to stormwater management regulations.

3.6 Landscaping and Buffers

• Commercial uses in the HD-MU are not required to provide buffers, pursuant to LDC Section 18-505. Exceptions to buffer yard requirements.

3.7 Other Reviews • All exterior work, including fencing and major landscaping on the subject

property, other than normal maintenance and repair, must be reviewed for compliance with the Wilmington Design Guidelines for Historic Districts and Landmarks.

CONSISTENCY WITH ADOPTED PLANS

• City of Wilmington Strategic Plan o Diverse and Thriving Economy

The City will create and implement a sustainable, regionally coordinated economic development plan and business-friendly processes and policies to attract new businesses of different sizes and types and support existing businesses.

FINDINGS OF FACT

1) The subject site consists of a parcel totaling 0.107 of an acre. 2) The existing building is currently occupied by a convenience food store in one unit and

the second unit is vacant. 3) The subject site is currently zoned HD-MU, Historic District - Mixed Use. 4) Convenience food stores and restaurants are permitted in the HD-MU subject to the

issuance of a special use permit. 5) Off-street parking is not a required prerequisite for commercial uses in the HD-MU. 6) The site plan does not delineate off-street parking spaces for the proposed restaurant

use or for the convenience food store. 7) The existing convenience food store is currently a grandfathered, nonconforming use

and would be permitted to continue operating without the issuance of a special use permit.

RECOMMENDATION Based on the findings of fact and the information contained in the case summary, staff recommends approval of the request with the following conditions:

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1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit;

2) That the use meets all required conditions and specifications; 3) That the use will not substantially injure the value of adjoining or abutting property, or

that the use is a public necessity; and 4) That the location and character of the use if developed according to the plan as

submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the City’s Future Land Use Plan, the CAMA plan, and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan).

5) That the applicant shall provide screening for the dumpster pursuant to LDC Section 18-504.

6) Any addition or expansion to the structure or uses will be subject to a modification of the special use permit.

NEIGHBORHOOD CONTACT Planning Commission City Council Signs Posted 11/18/13 Property Owner Letters 11/21/13 Advertisement Date(s) 11/26/13 Other – Contact(s) none

ACTIONS TO DATE Planning Commission PENDING 12/4/13 PUBLIC HEARING City Council PENDING

ATTACHMENTS 1. Special use permit application (Dated received 10/17/13) 2. Location and zoning map (Dated 11/13/13) 3. Aerial map (Dated 11/13/13) 4. City Code Chapter 18, Land Development Code Section 18-188- HDMU, Historic District

Mixed Use. 5. City Code Chapter 18, Land Development Code Section 18-504- Screening for dumpsters

and outside storage areas. 6. Photograph (Dated 11/15/13) 7. Site plan (Dated received 11/12/13)

City of Wilmington

Single Family

Multi Family

Utilities

Vacant

Office & Institutional

SU-2-1213

601 &603 Red Cross St.

11/13/2013

Site

Commercial

City of Wilmington

SU-2-1213

601 and 603 Red Cross St.

11/13/13

Site

Sec. 18-188. HDMU, Historic District-Mixed Use. (a) Purpose. The purpose of the Historic District-Mixed Use (HDMU) zoning district is to protect and conserve the heritage of the City, county, and state; to safeguard the character and heritage of the City by preserving the district as a whole and individual property therein that embodies important elements of its social, economic, political, or architectural history; to promote the conservation of such district for the education, pleasure and cultural enrichment of residents of the district and the city, county, and state as a whole; to support a mixture of uses on a neighborhood scale; and to stabilize and enhance the property values throughout the Historic District, thus contributing to the improvement of the general health and welfare of the City of Wilmington and the residents of the Historic District.

The HDMU in particular also provides the opportunity for a compatible mix of urban uses, including residential to occupy existing and infill buildings, as well as provides design guidance for renovation and new construction to ensure design compatibility. The intent is to allow early existing business districts located outside of the Central Business District to flourish by continuing the urban development pattern.

(b) District Provisions. The Historic District-Mixed Use is established as a separate use district. The extent and boundaries shall be indicated on the official zoning map of the City of Wilmington. The land use provisions for the HDMU shall prevail in the development of any property within such district; provided, however, that before work is begun, including any construction, alteration, demolition, moving or any other activity that would substantially alter the appearance or character of any appurtenant feature, a certificate of appropriateness in accordance with section 18-96 and section 18-97 herein shall be secured from the historic preservation commission prior to the issuance of any building or any other permit required by the City of Wilmington. (c) Density. Single-family and multiple-family, fourteen and one-half (14.5) housing units per acre. (d) Uses Permitted by Right. The following uses are permitted by right in the HDMU district, provided that they meet all requirements of this section and all other applicable requirements established in these regulations. (1) Artists, commercial including silk screening (2) Assembly hall (limited to five thousand (5,000) sq. ft.) (3) Banking, with no drive-thru windows (4) Business services (5) Duplex [(6) Reserved] (7) Farmer's market, seasonal only (8) Fruit and vegetable market, wholesale with incidental retail

(9) Funeral home and crematory (10) Internal services facilities incidental to permitted uses, including cafeterias, day care

facilities, snack bars, and similar retail activities, conducted solely for the convenience of employees, or occasional visitors, provided any signage for such facilities is not visible beyond the premises.

(11) Libraries (12) Offices, medical (13) Office, professional (14) Parks and recreation areas, municipal (15) Personal services (16) Post office (17) Retail sales establishments (18) Schools, trade, correspondence and vocational (19) Single-family, detached (20) Triplex (e) Uses Permitted under Prescribed Conditions. The following uses are permitted provided they meet all requirements of this section, Article 6, and all other applicable requirements established in these regulations: (1) Reserved (2) Group home supportive, small (3) Group home supportive, medium (4) Mixed use buildings (5) Family care home (f) Permitted by Special Use Permit. The following uses are permitted subject to the issuance of a special use permit and provided that they meet all requirements of this section, Article 6, and all other applicable requirements established in these regulations. (1) Daycare, adult or child (2) Reserved

(3) Commercial parking lots (4) Convenience food stores (5) Government use outside public rights-of-way, except offices (6) Grocery stores, under five thousand (5,000) sq ft (7) Group home residential (8) Group home supportive, large (9) Guest lodging (10) Multi-family, including townhouses (11) Quadraplex (12) Religious institutions (13) Restaurant, fast food-carry out, no drive thru (14) Restaurant, standard (15) Spas and health clubs (16) Uses established prior to 1900 that can be documented to be a historic use of the

structure and in continuous operation on the same site (g) Permitted Accessory Uses and Structures. Accessory uses and structures clearly incidental and subordinate to the principal use and structures including the following uses, are permitted provided that they meet all requirements of this section, the requirements of Article 6 and all other applicable requirements established in these regulations. (1) Accessory apartment, detached (2) Kennel, private (3) Home occupations (4) Swimming pool, private (5) Bed and breakfast

Sec. 18-504. Screening for dumpsters and outside storage areas.

For any of the following uses located within the view of any adjacent property or right-of-way, a visual screen shall be required to shield the use from the view of any adjacent property or right-of-way. Screening shall be a minimum of six (6) feet in height along the front or corner side of any lot and eight (8) feet in height along any side or rear property line. Chain link fencing shall not be permitted as a screening alternative. The screening shall consist of living and non-living material as specified in this article. No screening shall be required along any side and/or rear property line that is adjacent to any manufacturing or industrial use, or when adjacent to any business which operates a towing service or whose principal use is "automotive repair".

(a) The rear side of a building where that side abuts a street right-of-way, or any

dumpster or trash receptacle storage area, or service entrances and loading docks used in connection with any business establishment.

(b) Any outside storage area for vehicles awaiting repair in connection with any

automotive or towing business. (c) Any outside storage area for any equipment used in excavation, building site

preparation, or construction. No part of any equipment stored in such area may project above the screen.

(d) Any ground level mechanical equipment such as HVAC, Electrical panels and similar

mechanical equipment.